‘Belligerent’ man refuses breath test by Dalby police
A DALBY man told police they were "nowhere near good enough for him" while belligerently refusing to give a breath test.
Jason Bryce Clark, 39, faced Dalby Magistrates Court charged with failing to provide a specimen of breath for analysis on May 30.
The court heard Clark was observed at about 2.45am on Marble St, and was intercepted in the Dalby Shopping World car park.
Police prosecutor senior constable Jodie Tahana told the court Clark was submitted for a roadside breath test, which was allegedly higher than the 0.05 BAC limit.
"The defendant was slurring words and had a strong smell of alcohol on his breath," she said.
"He was subsequently transported to the Dalby police station."
The court heard Clark became "uncooperative and belligerent towards police" while swearing repeatedly.
Police attempted to question the defendant about what happened earlier in the evening, to which he replied "what the hell are you two doing here anyway'", "you are nowhere near good enough for me", and to "f--k off".
Constable Tahana told the court the defendant was asked by police to give a breath specimen for analysis, to which he replied "definitely not" and "absolutely not".
"He was given multiple opportunities to comply with the requirement to which he refused," Constable Tahana said.
"The defendant then stated 'f--k off and get my lawyer'.
"He was then arrested for failing to provide a specimen of breath and was later released on a bail undertaking."
Representing himself, Clark told the court the entire incident was a misunderstanding, saying in New Zealand you can request a blood test, which he said he asked for.
He went onto say he accepted responsibility for his actions while pleading guilty to the charge.
Magistrate Roger Stark acknowledged it may be different in New Zealand, however the manner in which he spoke to police was "awful".
"Your behaviour was appalling in the way you spoke to police," he said.
"You could of done without the swear words."
Mr Stark acknowledged his history with no like offences, and disqualified Clark from driving for six months, citing his previous licence suspension in May.
He was then convicted and fined $1,100.